Aqua Credit Card. Need a bit help with court claim asap

[maddogwhite]

Re: Aqua Credit Card. Need a bit help with court claim asap

I rent a council house now on £70 a week. If you get a ccj on a credit card do they still call in the bailiffs after, even to a council house. I dont care about getting a ccj it is just the collection agencys lol.

[warwick65]

Re: Aqua Credit Card. Need a bit help with court claim asap

Hi. Only if you get the ccj and ignore it without coming to an arrangement.

[Debt Camel]

Re: Aqua Credit Card. Need a bit help with court claim asap

I have about 10k credit card debt, 5 separate cards. I had a really good job at the time i got them and lost it later due to ill health. I was thinking of going bankrupt to be honest.

I wondered if that might be the case... If your only income is benefits or you have a low income from employment then a Debt Relief Order may be the best options for you - it's a bit like bankruptcy. Read https://debtcamel.co.uk/debt-options/dro/ and have a think...

You don't have to decide this now. You could decide to fight this court case and then go for a DRO if you lose and get a CCJ as the CCJ would be wiped out along with your other debts.

But if you are finding dealing with the court case stressful, then as there are 4 other debts just waiting to pop up and also cause trouble you could decide you can't be bothered and you would rather go for a DRO now. I suggest talking to a debt adviser about one to check you meet all the conditions.

[maddogwhite]

Update. Letters received from lowell solicitors. next steps please.

Update. I have received a responce from lowell solicitors. Please find attached. I need to no the next steps because i only have to the 15th of may to respond on a defence.
It was new to me that my dept had been sold to lowell.

[warwick65]

Re: Aqua Credit Card. Need a bit help with court claim asap

Hi

I got you PM and am here - you still have a week to go so no massive panic

First off
Do not think that the account is on hold- if you do not submit a defence they will apply for a summary judgement.
As the moment the only defence I can see is the 'embarrassed' defence - there is a basic template at the top of the page.

In your CPR31.14 request sis you ask for the Deed of assignment? If you did or you didn't I would still include it in my defence
something along the lines of
' It is denied the claimant has a right to bring a claim, the claimant is put to strict proof they have such a right by producing the actual Deed of assignment'

The rest of the defence is based around no Default Notice, no resposne to your S78 request therefore by virtue of S78(6) Consumer Credit Act 1974 the agreement is unenforecable.

Did you send a SAR to newday
If not, there is still time to do it
When you get it back, look through the list of letters sent to you , for example it may show the assignment was on a different day, or that no default notice was sent - you never know
[MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION]

Any further thoughts

[maddogwhite]

Re: Aqua Credit Card. Need a bit help with court claim asap

So my defence is that i have not recieved my original credit agreement
that was taking out with newday aqua mate. what is a SAR so i
understand. I sent a request for my agreement to Lowel with a postal
order. That is who has the dept now they say. I have not sent anything
to newday or spoke to them.

[Kati]

Re: Aqua Credit Card. Need a bit help with court claim asap

what is a SAR so i understand.

SAR = Subject Access Request - https://ico.org.uk/for-the-public/personal-information/

[warwick65]

Re: Aqua Credit Card. Need a bit help with court claim asap

A SAR is a subject access request which allows for you to 'request' all data held by an organisation

This is a template that [MENTION=3599]MIKE770[/MENTION] posted

Name address of recepiant :-

Date:-

SAR Request:-

Reference No;-


Dear Sirs,



Please supply me with copies of all the data which you hold on me in relation to any matter and in any form and for any period of time. Regarding Penalty charges, hand written interventions recorded:-


Pease note that I require disclosure of any personal Data which you hold on me for the entire period of my dealings with you.

This Subject Access Request includes - but is not limited to any data you hold about me in respect of any matter and held in any form including; statements, notes, screen notes, recordings, internal correspondence and external correspondence.

Please note that this Subject Access Request is not limited to the account/reference number mentioned above but that number has been provided purely as a starting reference for you.

For the avoidance of doubt, and as stated above, this Subject Access Request requires disclosure of ALL personal data which you hold on me for the entire period of my dealings with you

Enclosed is the statutory maximum fee of £10. You have 40 calendar days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return.

If I do not hear from you then I will assume that this Statutory Request is satisfactory and that the 40 day timescale has started.


Yours Faithfully,

Send that along with a cheque or postal order for £10 to Newday
What it should provide you with is all the info such as dates letters sent etc they hold. Some or all of this info might not be known to Lowell

An example, if they can not find the default notice and decide to reconstitute one, they may get the date wrong which would lead me to ask ( if I were a Judge) just what else have they got wrong . Also it would invalidate the DN and if argued could mean they can not win

[Amethyst]

Re: Aqua Credit Card. Need a bit help with court claim asap

Ah I see you are in good hands Here's a http://legalbeagles.info/forums/show...t-Court-Claims defence example so you can start work on it and post up a draft if you want someone to look over it before submission.